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Charges

Stalk or intimidate with intent to cause fear of physical or mental harm

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1)

What is the maximum penalty for stalk or intimidate in NSW?

Maximum penalty. Imprisonment for 5 years or 50 penalty units, or both. Where dealt with summarily in the Local Court, the jurisdictional maximum term is 2 years; the statutory fine maximum of 50 penalty units continues to apply as the lesser figure.

A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.

What the charge covers

This offence covers stalking or intimidating another person with the intention of causing them to fear physical or mental harm, including fear of harm to someone they are in a domestic relationship with. Intention is established if the accused knew the conduct was likely to cause that fear, and the prosecution does not have to prove the other person actually felt afraid. An attempt is punishable as if the offence had been committed.

Where these figures come from

Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:

Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.

This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.

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